A last minute controversy is causing confusion for Navajo Nation voters as votes are already being cast to select a new president, but a recent ruling has made it uncertain who the candidates now are.

The controversy began shortly after candidate Chris Deschene won the August primary and two former candidates filed grievances against him when Deschene failed to prove that he was fluent in the Navajo language, a requirement to run for the office of president.

As a result, last week the Navajo Supreme Court upheld a decision to remove Deschene’s name from the ballot, presenting a problem as absentee ballots giving voters a choice between Deschene and former president Joe Shirley Jr. had already gone out, and early voting is underway.

Due to the decision the tribe’s high court also ordered that the election be postponed to allow new ballots to be made without Deschene’s name on them. Deschene appealed the decision, but that appeal was denied when the proper paperwork was not received in the manner required.

In a bid to allow the election to continue without interruption, the Navajo Nation Council made the decision last Thursday to remove language fluency as one of the candidate requirements. That ruling would allow Deschene’s name to remain on the ballot, but the final determination lies with President Ben Shelley, who has until the end of the week to decide if the law will be finalized just days before the Nov. 4 election.

Until that time the language fluency requirement remains in place, causing confusion for Navajo voters as to who is on the ballot, Deschene or the third place primary finisher, Russell Begaye, who will fill that slot if Deschene is no longer a candidate.

It could be a big concern for District I Congressional candidates if the election date changes for the tribe, as it could mean a smaller turnout on Election Day in the race between incumbent Ann Kirkpatrick (D) and challenger Andy Tobin (R). According to the council, there are a total of 114,000 registered voters on the Navajo Nation and those living within District I are key to Kirkpatrick’s campaign, as those voters are primarily Democrats.